§ 54.080  ACCIDENTAL DISCHARGES.
   (A)   Where required, a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter, the Act or State Act. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review, and shall be approved by the Director before construction of the facility. All required users shall complete a program within 90 days of notification by the Director. If required by the Director a user who commences contribution to the sewage works after the effective date of the ordinance from which this subchapter derives shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Director. Review and approval of the plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this subchapter, the Act or State Act. In the case of any discharge, whether accidental or not, that could cause problems to the YCUA, the WWTP or POTW, including any slug loadings by the user, it is the responsibility of the user to immediately telephone and notify the YCUA of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
   (B)   Within five days following any discharge, whether accidental or not, that could cause problems to the YCUA, the WWTP or POTW, including any slug loadings by the user, the user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewage works or POTW, fish kills or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter, the Act or State Act, or other applicable law. Failure to file a report shall be a separate violation of this subchapter.
   (C)   Slug control plan.
      (1)   Each significant industrial user shall prepare and implement an individualized slug control plan when in the opinion of the Director a slug control is required. Existing significant industrial users that do not have a YCUA approved slug control plan shall provide an approvable slug control plan to the Director within 90 days of being notified by YCUA that a slug control plan is required. New sources that are significant industrial users shall submit a slug control plan to the Director for approval before beginning to discharge. Upon written notice from the Director, users that are not significant industrial users may also be required to prepare and implement a slug control plan, and the plan shall be submitted to the Director for approval as specified in the notice. Slug control requirements must be included in the SIU control mechanism (industrial user’s permit).
      (2)   All slug control plans shall contain at least the following elements:
         (a)   A description of discharge practices, including non-routine batch discharges;
         (b)   A description of stored chemicals;
         (c)   The procedures for immediately notifying the Director of slug discharges, including any discharge that would violate any discharge prohibition, limitation or requirement under this subchapter, and procedures for follow-up written notification within five days of the discharge; and
         (d)   The procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.
      (3)   If a user has submitted to the Director plans or documents pursuant to other requirements of local, state or federal laws and regulations which meet all applicable requirements of the subchapter, the Director may in its discretion determine that the user has satisfied the slug plan submission requirements of this section.
      (4)   Significant industrial users must immediately notify the Director of any changes at their facilities affecting their slug control plan or spill/slug potential.
   (D)   Secondary containment requirements.
      (1)   When in the opinion of the Director secondary containment is required, the user shall provide and maintain at the user’s sole expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this subchapter, the Act or state law.
         (a)   The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains or otherwise directly or indirectly
into the POTW.
         (b)   The containment or curbing shall be sufficient to hold not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger, unless a lesser containment area or alternate control measures are approved in advance by the Director.
         (c)   The containment structure must accommodate “squirt distance”. Containers within the containment structure must be able to be placed sufficiently back from the edge of the structure so if punctured, the resulting leak will be contained.
         (d)   The containment structure must be designed or operated to prevent run-on or infiltration, rain or other liquids into the secondary containment system unless the containment system has sufficient excess capacity to contain run-on, infiltration, rain or other liquids. Excess capacity when the prevention is not provided in the system must be sufficient to contain rain precipitation from a 25-year, 24-hour rainfall event.
         (e)   The containment structure shall be constructed with chemical-resistant water stops in place at all joints (if any) to be free of cracks or gaps.
         (f)   The containment structure shall be designed and installed to completely surround the tank or containers and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) or containers (such as, capable of preventing lateral as well as vertical migration of the material).
         (g)   All floor drains found within the containment area must be plugged and sealed.
      (2)   Spill troughs and sumps within process areas must discharge to appropriate pretreatment
tanks.
      (3)   Emergency containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas.
      (4)   Solid pollutants shall be located in security areas designed to prevent the loss of the materials to the POTW.
      (5)   Detailed plans showing facilities and operating procedures to provide the protection required by this subchapter shall be submitted to the Director for review, and shall be approved by the Director before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the Director.
      (6)   No new source shall be permitted to discharge to the POTW until emergency containment facilities have been approved and constructed as required by this subchapter.
      (7)   The Director may order a user to take interim measures for emergency containment as determined necessary by the Director under the circumstances.
(Prior Code, § X-3.86)